Patna High Court - Orders
Kanhaiya Prasad Singh vs The State Of Bihar & Ors on 18 July, 2014
Author: V.N. Sinha
Bench: V.N. Sinha, Prabhat Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2644 of 2014
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Kanhaiya Prasad Singh, Son of Late Ramnandan Prasad Singh, Resident of
Village- Bhauwa Parwal, Police Station- Rupauli, District- Purnea
.... .... Petitioner/s
Versus
1. The State of Bihar through Agriculture Commissioner, Bihar
2. The Joint Secretary to Government, Agriculture Department, Bihar,
Patna
3. The Agriculture Director, Bihar, Patna
4. The Joint Agriculture Director-Cum-Controller, Weight and
Measurement, Bihar, Patna
5. The Deputy Director, Agriculture (Administration), Bihar, Patna
6. Sri Upendra Narayan Shambhu, Son of name not known, Weight and
Measurement Inspector, Begusarai Sadar
7. Shashi Bhushan Prasad Singh, Son of name not known, Weight and
Measurement Inspector, Ara Sadar
8. Ashok Kumar, Son of name not known, Weight and Measurement
Inspector, Patna City Sadar
9. Chandeshwar Prasad Rai, Son of name not known, Weight and
Measurement Inspector, Samastipur Sadar
10. Ramanand Rai, Son of name not known, Weight and Measurement
Inspector, Bhagalpur
11. Ravikant Santosh, Son of name not known, Weight and Measurement
Inspector, Patna Sadar, Extra- 1
12. Anil Kumar Singh, Son of name not known, Weight and Measurement
Inspector, Gaya Sadar
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rajeev Roy, Advocate
Mr. Ranjan Kumar Singh, Advocate
For the Respondent/s : Mr. D.K. Sinha, AAG-2
Mr. Alok Kumar Rahi, AC to AAG-2
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CORAM: HONOURABLE MR. JUSTICE V.N. SINHA
and
HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE V.N. SINHA)
5 18-07-2014Heard counsel for the parties.
2. By filing this writ petition, petitioner, who is a social worker, has informed this Court that the State-respondents Patna High Court CWJC No.2644 of 2014 (5) dt.18-07-2014 2/3 are appointing Block Agriculture Officer to serve as Inspector, Weights and Measures, which action of the State-respondents is contrary to Rule 20 of the Bihar Standards of Weights & Measures (Enforcement) Rules, 1988 and Section 3 of the Bihar Agricultural Service Act, 1982.
3. In opposition, counsel for the State submitted that in order to meet the exigencies of the situation, it is necessary to appoint Block Agriculture Officer as Inspector, Weights and Measures so as to enable the Government to discharge the duties of the post until the Cadre Rules of the Inspector, Weights and Measures is finalized after approval of the draft Rules by the Three Men Committee of officers and then by the State Government.
4. Counsel for the petitioner then submitted that in the earlier order High Court has deprecated the appointment of Block Agriculture Officer as Inspector, Weights and Measures and in view of the earlier order of the High Court the steps taken by the State-respondents, even to meet the exigencies of the situation, should be corrected as early as possible.
5. In the light of the submissions made by the counsel for the parties, we are of the view that the State-respondents should notify the Cadre Rules, namely, Bihar Agriculture Patna High Court CWJC No.2644 of 2014 (5) dt.18-07-2014 3/3 Subordinate Service, Category-8 W & M (Recruitment and Service Conditions) Rules, 2014 as early as possible and thereafter should ensure that only such officers, who are qualified in terms of Rule 20, are appointed as Inspector, Weights and Measures against the sanctioned and vacant post of Inspector, Weights and Measures. The exercise to notify the aforesaid Rules must be completed as early as possible, in any case, within a period of two months from the date of receipt/production of a copy of this order, failing which the authorities may expose themselves to the contempt proceedings of this Court.
6. Application stands disposed of.
(V.N. Sinha, J) (Prabhat Kumar Jha, J) Rajesh/-
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